Madras High CourtWP/19916/2017disposed of

Malasundaram, v. The District Collector

2020-11-23Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.19916 of 2017

1. Mala Sundaram

2. K. Sangeetha ...Petitioners .vs.

1. The District Collector,

2. The Thasildar, Maduravoyal Taluk, Maduravoyal,

3. The District Surveyor,

4. The Taluk Surveyor, Maduravoyal Taluk, Maduravoyal,

5. Elangovan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 3rd respondent to conduct survey and measure the land admeasuring 7 Ares comprised in Survey No.127/4A1, A1B situated at Maduravoyal Village, Ambattur Taluk, Thiruvallur District as per the title documents and revenue records and submit a report. For Petitioners : Mr.R.Dilli Kumar For Respondents : Ms.A.Madhumathi, Special Govt. Pleader - R1 to R4

O R D E R

The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the 3rd respondent to conduct survey and measure the land measuring an extent of 7 Ares comprised in Survey No.127/4A1, A1B situated at Maduravoyal Village, Ambattur Taluk, Thiruvallur District, as per the title documents and revenue records and submit a report.

2. Mr.R.Dilli Kumar, learned counsel appearing for the petitioners submitted that though the petitioners have given their representation as early as on 19.07.2017 along with necessary charges, the respondents 3 and 4 have not conducted the survey yet.

3. Ms.A.Madhumathi, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the petitioners' application for surveying the land in question would be considered and necessary orders would be passed by the respondents 3 and 4, within a period of six weeks, in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioners, without expressing any opinion with regard to the merits of the case, I direct the respondents 3 and 4 to consider the petitioner's application dated 19.07.2017 and conduct enquiry and pass orders, on merits and in accordance with law, after giving notice to all the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To

1. The District Collector,

2. The Thasildar, Maduravoyal Taluk, Maduravoyal,

3. The District Surveyor,

4. The Taluk Surveyor, Maduravoyal Taluk, Maduravoyal, +1cc to Mr.G.Rajan, Advocate, S.R.No.37544 +1cc to the Government Pleader, S.R.No.37790 W.P.No.19916 of 2017 um (co) rr ii (09/12/2020)